Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Bangladesh (Ratification: 1972)

Articles 1 and 2 of the Convention. Prohibition of discrimination. For a number of years, the Committee has been raising concerns regarding the absence of legislative provisions prohibiting discrimination in employment and occupation based on all the grounds listed in Article 1(1)(a) of the Convention, with respect to all aspects of employment and occupation as defined in Article 1(3) of the Convention, and covering all workers. The Committee notes that the Government cites sections 19(1), 27 and 28 of the Constitution, which provide respectively that the State shall endeavour to ensure equality of opportunity to all citizens (section 19(1)); all citizens are equal before the law (section 27); the State shall not discriminate against citizens on the grounds only of religion, race, caste, sex or place of birth (section 28(1)); and women shall have equal rights with men in all spheres of State and public life (section 28(2)). The Committee recalls that general equality and non-discrimination provisions in the Constitution, although important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation (General Survey on the fundamental Conventions, 2012, paragraph 851). The Committee notes in particular that the main non-discrimination provision of the Constitution is aimed at ensuring that the State does not discriminate, and does not address the situation of the private sector nor does it prohibit all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Government provides no information on the outcome of the tripartite review of the Labour Act, which was scheduled to take place in 2009 and 2010, referred to in its previous reports. The Committee asks the Government to take concrete steps to amend the Labour Act of 2006, so as to include a prohibition of direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention, with respect to all aspects of employment, and covering all categories of workers, including domestic workers, and to report on the progress made in this regard. The Committee reiterates its request to the Government to indicate how the protection of men and women against discrimination in employment and occupation is ensured in practice, including for those categories of workers excluded from the scope of the Labour Act.

Gender equality. The Committee welcomes the adoption of the National Women’s Development Policy 2011 and the National Education Policy 2010. The main goals of the National Women’s Development Policy include ensuring full and equal participation of women in the mainstream activities of socio-economic development, building women’s capacities through education and skills development, and eliminating all forms of discrimination against women and girls. Pursuant to the National Education Policy, the main objectives for women’s education include encouraging and enhancing the efficiency of women to participate in decision-making processes, and ensuring women’s participation in socio-economic development by engaging in different economic activities or self-employment. The Committee also notes the Government’s indication that 62.28 per cent of the total allocation by the Rural Development and Cooperative Division is estimated to benefit women and girls; the Government also provides credit support to women for agricultural activities, as well as microcredit support to women for small-scale agricultural businesses. While welcoming these measures, the Committee observes that there remains significant gender segregation in the labour market. For example, the participation rate of women in the nursing college is 100 per cent, and in the directorate of nursing it is 92.5 per cent. The employment of women in the primary education sector is also high, and in non-registered private schools 95.2 per cent of the total number of teachers are women. In addition, a total of six Women’s Technical Training Centres have been established, targeted at women who migrate as domestic workers to Middle-Eastern countries. The Committee also notes that the Bangladesh Computer Council has introduced a training course on information and communications technology specifically for women, benefiting 70 women in 2010–11. The Committee asks the Government to continue to provide information on the measures taken to promote gender equality in employment and occupation, and the results achieved. The Committee also asks the Government to provide further information on the content of the training provided by the Women’s Technical Training Centres, and to indicate how it is ensured that access to education and vocational training for women is not limited in practice due to stereotyped assumptions regarding women’s roles and capabilities. Recalling its previous comments, the Committee again urges the Government to take immediate steps to ensure that women have access, on an equal footing with men, to jobs in the public sector, and to provide full statistical information on the situation of men and women in the labour market, and in education and training.

Sexual harassment. The Committee recalls section 332 of the Labour Act prohibiting conduct towards female workers that is indecent or repugnant to their modesty or honour, and the guidelines on sexual harassment issued by the High Court judgment in 2009. The Committee also notes the Government’s indication that in the context of the ILO technical assistance project “Promoting gender equality and preventing violence against women at the workplace” from 2010 to 2012, awareness-raising activities to reduce sexual and non-sexual harassment of women at the workplace, targeting government officials, managers, trade union leaders and workers, were scheduled to be undertaken. The Committee also notes the Government’s indication that, in cooperation with workers’ and employers’ organizations, it has enacted appropriate laws, and adopted policies and mechanisms concerning sexual harassment. However, the Government does not provide any details in this regard, nor is information provided regarding the consideration of this issue in the context of the review of the Labour Act, as previously indicated by the Government. The Committee asks the Government to provide specific information on the measures taken or envisaged to ensure the implementation of the High Court’s guidelines on sexual harassment in the private and public sectors. The Committee also asks the Government to provide information on the progress made in enacting specific legislation on sexual harassment and in amending section 332 of the Labour Act. The Government is also requested to take measures to raise the awareness of workers, employers and their organizations regarding the rights, obligations and procedures with respect to sexual harassment in employment and occupation, and to provide specific information on progress made in this regard.

Article 5. Special measures of protection. The Committee recalls that it has previously raised concerns regarding sections 39, 40 and 42, read with section 87 of the Labour Act 2006, which it considers to be gender biased with respect to women’s capabilities and aspirations. The Committee recalls that pursuant to section 87, restrictions set out in sections 39, 40 and 42, which relate specifically to adolescent workers, including regarding working with machinery, are applied to women. The Committee notes the Government’s indication that 90 per cent of women are Muslims, and wear a sari, therefore, they cannot work safely with dangerous or moving machines. While noting the Government’s explanation, the Committee remains concerned that such limitations are based on stereotyped assumptions, equating women with adolescents in need of heightened protection, and are likely to impact negatively on women’s employment opportunities. The Committee recalls that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, and that it may be necessary to examine what other measures are necessary to ensure that women can access these types of jobs on an equal footing with men (General Survey, 2012, paragraph 840). The Committee notes that the Government again provides no information regarding the legislative review which was expected to address these provisions. The Committee asks the Government to take steps to review and amend sections 39, 40, 42 and 87 of the Labour Act, with a view to ensuring that women are able to access employment on an equal footing with men, and that any limitations or restriction applying to women are strictly limited to maternity protection.

The Committee is raising other points in a request addressed directly to the Government.